Where evidence on multiple counts in a joint indictment is cross-admissible — particularly where later counts are capable of evidencing consciousness of guilt in relation to earlier counts — severance will generally not be ordered. The fact that a co-accused is charged with only one of multiple counts does not of itself establish likely prejudice warranting severance, especially where the trial is of limited duration and appropriate jury directions can be given. Whether the costs of a trial where much evidence is inadmissible against a particular accused can constitute relevant prejudice 'in the trial' under s 133(4) was left open.
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